Legal Question in Wills and Trusts in Illinois

living wills & wills

there is a pending lwsuit against my mother in laws dr. she passed away nut the case still goes on. my husband and his siblings are to split the money if there is any. if he should pass away before the money is settled on am i entitled to his share or does it get divided between his siblings. he has a will and a living will and i am the agent but the will doesnt spesify this lawsuit money


Asked on 9/23/01, 11:45 am

3 Answers from Attorneys

Sanford Martin Martin Law Office

Re: living wills & wills

Based on the limited information provided, your right to any property of your husband, including his inheritance, if any, from his mother's estate, will depend on his will and your rights as a spouse to a certain share of the property of other spouse. Your rights depend on whether there are minor children, the nature of the property, and other factors. Advice: find an experienced attorney who can examine the documents and advise you accordingly.

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Answered on 11/07/01, 9:13 am
Bruce Buckrop Bruce Buckrop

Re: living wills & wills

A CAUSE OF ACTION AGAINST THE DOCTOR IS AN ASSET THAT WILL PASS UNDER YOUR HUSBANDS WILL, AND STATE LAW WHERE HE LIVES, YOUR STATUTORY SHARE OR WIDOWS AWARD MAY MEAN YOU CAN GET SOME OF THE LAWSUIT MONEY

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Answered on 11/15/01, 5:28 pm
Jay Goldenberg Jay S. Goldenberg

Re: living wills & wills

This sounds like an action for her estate for her damages before she died. As such, it would pass as part of her estate. If she left a share to your husband, he would be entitled to share in the recovery.

This right would be an asset of *his* estate if he died before distribution. It would then pass by intestacy if no will (half to spouse, half to descendants) or else according to his will, subject to certain rights of the surviving spouse.

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Answered on 11/15/01, 10:23 pm


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